Despite continuing promises made by the Government, any sense of normalcy has
not come to the communities of Jaffna. The refusal to initiate institutional
reform from within the Army, combined with a deliberate and concerted attempt
to evade credible and transparent investigations into cases of missing persons,
has created an environment where a variety of human rights violations committed
by the Security Forces and the LTTE have increased. Reprisal action by the Army
and disappearances following arrest or detention have risen. "Hunting"
expeditions, where masked informants point out LTTE suspects who are immediately
gunned down by the Army even while being unarmed, have resulted in some innocent
civilians being killed and claimed as LTTE. Beatings during round ups, especially
if detained for questioning, and sometimes at check points, have only further
ingrained a sense of insecurity, especially among rural villages. Arbitrary
execution of civilians by the LTTE continues to take hold and threatens anyone
who might be seen merely speaking with a member of the Security Forces. In a
brutal display of the mentality existing today, both the LTTE and the Army have
on occasion publicly displayed the bodies of their victims as a terrifying warning.
The need for independent inquiries into questionable deaths of civilians both
during and after battles, is desperately needed if the people are to believe
that any type of honest rehabilitation is to occur in the future.

Recent incidents involving the Army which are detailed in this Report include
the killing of an unarmed man having mental disorders, as well as the shooting
of a young woman in an empty street long after a grenade throwing incident had
subsided. In one incident parents had been beaten while taking vigil outside
a detention centre where their children were held after a round up. Cases presented
include labourers killed while returning home from work and men taken from their
home and shot on the beach by the Navy with no explanation given to family members.
Land mines set by the LTTE and grenades thrown have frequently injured and killed
civilians in a continuing demonstration of their absence of concern for the
people. One of the most disturbing features of many of these deaths is the habits
surrounding cover ups by the Army. Victims were in a number of instances claimed
to have been carrying grenades or involved in offensive action, in an attempt
to caste a veil over foul play. In several cases, such claims have been denied
by witnesses or family members. Civilian deaths due to military operations are
further difficult to investigate due to the lack of proper post-mortem facilities
and experienced personnel in Jaffna. An investigation of the medical situation
in Jaffna as it stands today is found in the Addendum at the end of this Report.

LTTE killings serve as a reminder that any talk of critical evaluation or constructive
solutions from within the Jaffna community could be followed by strict and repressive
silencing. The methods remain the same. Unarmed civilians are executed in or
around their family home, after which the body is publicly displayed with a
written warning to all "traitors". In several cases, friends and relatives
of victims have given reliable accounts as to why LTTE claims are utter and
dangerous nonsense. Those killed may have been seen speaking to a soldier at
a checkpoint, may have been frankly honest in their opinion of the LTTE while
talking with neighbours or may have simply been a victim of local rumours. After
the killing of one man well-known to be openly critical of the LTTE for many
years, the community of Point Pedro was left devastated and terrified. Though
reprisal killings by the Army have been viewed as on the increase, they remain
the exception rather than the norm. But this fact has by no means curtailed
the killing and injury of civilians due to grenades and mines detonated by the
LTTE.

Vadamaratchy stands out as an example of better discipline and responsibility
on behalf of the Security Forces. There has been a genuine concern for the safety
of civilians during attacks, sensitivity to their rights and feelings, and greater
accessibility. Colonel Wijeratne, the brigade commander, has spent time visiting
families and getting to know the community. Unfortunately, this newly found
discipline has for the most part, not taken hold within the Army as an institution.
Terror continues to be the most visible face of the Army for many of the communities
in Jaffna.

So why does the Government remain silent on disappearances? It is suggested
here, with good reason, that it is because a significant number of those arrested
in Jaffna had died in detention due to torture and indiscriminate assault.

The determination of the people and their courage to stand up and speak their
mind alone has the power to bring any sense of stability to Jaffna. Unfortunately,
their voice is not often heard. LTTE propaganda abroad has implicitly asserted
the view that the people who struggle to hold on to their lives in Jaffna are
no longer to be cared for, and that the area today is merely a place where the
LTTE can practice its military moves without any regard for the civilian population.
But if the Government continues in its failure to implement drastically needed
institutional changes within the Army and the Ministry of Defence, Jaffna will
remain to be this "free-fire zone" for all parties to the War. The
LTTE will continue its suicidal attempts to provoke reprisals. The Army will
continue to see disappearances as an acceptable feature of conflict. Statistical
data put forth by the Government describing decreases in violations are meaningless
or at best of seasonal significance, in the absence of matching institutional
change. If a serious commitment to human rights is to be implemented, then the
practices of the past and the present must be stopped immediately before they
become the norm of the future. A start needs to be made by a policy of providing
recognition and positive support for officers who have demonstrated a capacity
for benignant transformation. [Top]

In its recent statement on the human rights situation in Jaffna, Amnesty International
had placed the number of persons missing after being detained by the armed forces
at 676. Interestingly, this figure has been implicitly substantiated in Sri
Lankan Ambassador Janaka Nakkawita's statement at the 53rd Session of the UN
Commission on Human Rights on 27th March 1997. He said that of the 1652 complaints
received up to 28th February 1997 from sources including the ICRC, UNWG on Disappearances
and MPs, 857 were found to be duplications and of the remainder 72 have been
traced. Even if 80% of the 676 could be traced, it would still place Sri Lanka
in the top league for missing persons. In the face of this it is surprising
to find the Government doing little that is tangible beyond making statements
of good intention. For example the ambassador told UNCHR that the Human Rights
Task Force that reports to the president was in the process of establishing
its tenth regional office in Jaffna. This talk had been in the air since September
last year and the HRTF did make a preliminary visit to Jaffna. But nothing happened.
Talk then was around that the HRTF is to be superseded by a Human Rights Commission
and the list of names of commissioners was made public. To date there has been
a complete blank with regard to the commission's activities. Legal proceedings
into violations by service personnel remain a story of promises and anticlimaxes
in the same tradition.

This lack of headway on the part of the Government's effort on reversing the
trend can be partly explained by sheer inefficiency and the lack of support
it gives to officers who have demonstrated a capacity take independent initiatives
towards improvement. For one thing the political establishment or the cabinet
of ministers hardly seem to think about the ramifications of this problem. Far
too much initiative has already been surrendered to the Defence Ministry, which
is still controlled by the old guard whose general approach is to cover up rather
than seriously investigate violations and take firm action against the offenders.
Not knowing what government policy is, if there is indeed one, officialdom moves
only on definite orders from the president ahead of each step, on what ought
to be routine matters. These small token steps too come usually on the heels
of concerted local and international pressure following a major incident that
gets into the news.

Another aspect of it stems from practices long associated with the Army that
ultimately relies on terror to the detriment of any fresh political initiative.
The actions of the Army in different parts of the Jaffna peninsula, and its
relations with civilians have a revealing continuity with practices that took
shape during the early months following the Army's take-over of Jaffna. Relations
in Vadamaratchy remain exemplary. Even with current disappearances at a low
ebb, relations in Thenmaratchy are a matter for no little concern. The lack
of information about missing persons is, as we have argued, deliberate and purposeful.
We shall return to this after shifting our focus to other related matters. Disturbingly,
the recent record indicates an increasing tendency towards reprisal action against
civilians. At the same time, in a continuing demonstration of its absence of
concern for the people, the LTTE continues throwing grenades and detonating
land mines in the hope of provoking such reprisals. Where civilians are not
killed or injured in reprisals, they most certainly become casualties due to
these initial explosions. The routine manner in which acts of homicide and murder
by the security forces is covered up bodes ill for future developments. The
families of victims are too vulnerable to pursue the matter further and Defence
Ministry press releases are fated to be the last word in these instances.
[Top]

The fact that the Army has made significant efforts at certain levels to distance
itself from the past has been recently acknowledged by two prominent citizens
in Jaffna as quoted in the press. They had spoken to the effect that 'the Army
is doing a difficult job very well'. The Roman Catholic Bishop is also quoted
as having said that there had been no major violations since last November when
two cases involving rape and murder by soldiers were publicised. This perception
is widely held at one level. We record below one known instance of reprisals
involving the death of two civilians and injury to several others on 29th January.
The Major General commanding the 51st Div. later apologised to the people and
promised to punish the offenders. Certain practices have also been adopted to
make the Army more disciplined in its dealings with civilians. It seems the
general pattern that soldiers wanting to search civilian houses after nightfall
do so only in the company of a civilian official - the local headman (GS). Alternatively
they surround the house and wait until daybreak. In Jaffna town itself the situation
is considered quite normal. The Town Commandant, Brigadier Jayasundera, is readily
accessible on the phone to civilian officials and is said to at least investigate
complaints. Receipts are also issued for arrests under his command.(Elsewhere,
we have reports that it is followed in some areas.) In other areas too army
commands have been known to be responsive, even if belatedly. Early this year
a pregnant woman in Thenmaratchy facing a medical emergency died on the way
to Jaffna hospital owing to delays at checkpoints. Following representations
to the authorities, one could now travel about 7 miles from Chavakacheri to
Mamapalam Junction near the town with minimum delay.

Yet at many other levels a certain passive resentment is building up which
owes to the lack of improvement, stagnation or even deterioration in aspects
of the general outlook. Often the dominance of security considerations has ceased
to have meaning. The Defence Ministry, the effective ruling power in Jaffna,
is seen as having ceased to think or as being simply cussed. Every activity
from the transportation of medicines to small village level programmes need
clearance from this Ministry. Someone carrying a 4 months supply of pressure
tablets (not always readily available in Jaffna) for personal use would be asked
to leave these behind at Ratmalana Airport. Visitors to Jaffna are still allowed
only in a controlled and selective manner. Some international human rights groups
who wanted to visit Jaffna had been told that 'it is not convenient'.

Approval for the MSF which was already in Point Pedro to send medical specialists
to Jaffna Hospital was delayed for nine months and approved only recently. We
understood on good authority that the main reason was the MoD seeing foreign
doctors from organisations of this kind as meddling too much in human rights
matters.(See addendum on Jaffna hospital.)

The Jaipur Foot manufactory under the Friends in Need Society, Jaffna, was
sent materials after USAID had spent 6 months obtaining approval from the MoH
and MoD in Colombo. Upon reaching Jaffna the military authorities there returned
to Colombo some of the materials including cylinders, that are used in making
new legs for the war-maimed. (The society continues to improvise cylinders by
stripping aluminium bodies of the abandoned buses.) Such procrastination on
basic things run entirely counter to flowery promises about revitalising Jaffna.
The resulting uncertainties about the Government's attitude to Jaffna, combined
with a hostility towards Jaffna coming alive under Government control on the
part of an influential section of Tamils outside, help to perpetuate an air
of pessimism among the residents.

To the residents and users of Jaffna town the frequency and manner in which
checkpoints are operated has become a sore point. Civilians need to dismount,
remove their hat if they were wearing one, and roll their bicycles or motor-cycles
past the soldiers - a practice observed by oppressed castes in the past when
passing high caste persons. The effect of doing this day after day even on very
balanced minds should not be underestimated. An intellectual who had been a
consistent opponent of the LTTE and politically a Leftist, as distinct from
a nationalist, observed, " At least once in twenty days I cannot help wondering
if after all the Tigers are right!"

The main reason for the high frequency of check-points as one approaches town
seems to be that the army high-command has taken over buildings in the town-centre
to site its head-quarters. This is not the case in Vadamaratchy and Thenmaratchy
where the brigade command centres are away from the commercial areas. By May,
there was a significant easing of the tedium of check points, notably outside
Jaffna town. Some of them had also been closed owing to a transfer of troops
to support the ongoing operations in the Vanni.

Despite a surface calm, the occasion on which a schoolboy gets assaulted by
a soldier at a sentry point or during a round up is enough to set off undercurrents
whose course would be unpredictable. For the present these remain unnoticed,
and the military authorities are largely oblivious to such matters. This is
reflected in the indifferent manner in which civilian dignity is being trodden
upon in parts of Thenmaratchy in contrast to the early weeks following the Army's
entry in April 1996.

At the time of writing, the army captain in Chavakacheri placed in charge of
civil affairs is described as someone who speaks neither Tamil nor English,
does not entertain those who cannot speak Sinhalese, and whose use of the latter
is generously spiced with abuse. The top brass are described as almost inaccessible,
and of probably not wanting to meet civilians. In the rural areas military decisions,
against which there is no appeal, could be even more alienating and more arbitrary.
On approaching the Colonel in charge at Kachchai, in Thenmaratchy South, the
lady principal of Allarai GTM school was refused permission to hold the annual
sports-meet. The reason was that she could not provide details of persons who
were attending. The lady's position was that such a request could not be complied
with as it was a public function. On another occasion the same Colonel went
into Kachchai Central School where students were training for the District Drill
Display Competition, shouted at the teacher in charge, asking him whether he
was training Tigers, and forbade further training. The competition organised
by the Education Department is a regular event in which most schools take part.

Such developments, though relatively isolated they may be, must be seen in
the context of procrastination and the absence of meaningful action on the missing
persons issue and the rising tendency to reprisal action.

Another practice whose deep significance is not so evident at present is the
display of bodies of LTTE cadre killed in public places. This happens in places
such as Valikamam West where the LTTE maintains a tenuous, but sizeable, clandestine
presence. The Army too receives information quite freely and launches what are
described as 'hunting' expeditions. The informant wearing a mask and dressed
in military uniform is taken on the pillion of a motor cycle or in an armoured
vehicle. As soon as the person or persons are pointed out, the soldiers open
fire. Few chances are taken and those killed are frequently off-guard, unarmed
and in no position to offer resistance. One place where their bodies are regularly
displayed is Suthumalai Road junction in Manipay, where William Mather Memorial
Church is sited. The people see those killed as ignorant boys who in response
to bombing and shelling, or in an unwitting moment, joined the LTTE - who did
not deserve such an end, and certainly not such humiliation in death. The display
is also no doubt a warning. The connotations of such actions in an ethnic conflict
act as a hindrance to the Tamils believing that the Government seeks political
accommodation on terms of equality and mutual respect.

Moreover such counter-insurgency strategies take away from the consideration
and respect owed to civilians, even when responding to LTTE attacks. Although
the number is still small in relation to the mid-80s, in comparison with last
year, there has been in recent months, a rising incidence of civilians getting
hurt or killed in Army action following LTTE attacks. The Army puts them all
down to cross-fire, whereas, as our reports indicate, in a number of cases this
is simply not true. In the case of the school-boy shot dead by the army in Anaikottai
on 8th April following an LTTE grenade attack, there was a big turnout at the
funeral, indicative of a mood of protest. Passive protest is also in such instances
hinted at in condolence notices in the press signed 'School Welfare Society
& Old Students' Association'.

We have also cases in this report where ordinary civilians had been killed and
later claimed as Tigers carrying grenades. In some cases the families had also
been placed under pressure to endorse the false claim.It is far too premature
to say that normality or civil administration has returned to Jaffna. Many in
the rural areas with little interest in politics do say that it is not possible
to live with the Army. Round ups are regular and even the old are kept in schools
for a good part of the day without food or water. Those taken for questioning
are routinely beaten. Frequently different sections of the Army have the same
information about a person once connected with the LTTE, resulting his being
continually beaten and released by different units coming in to the area. In
such instances the parents are extremely anxious to send their sons abroad because
they are always on pins. This makes any kind of planned existence impossible
for the people, a number of whom have been displaced as many as eight times
during the course of the war. [Top]

These detailed reports are meant to give a general idea and speak for themselves.
Point Pedro (Vadamaratchy): 27th Novemebr 1996 (National Heroes Day):
The day was tense as talk had been around that the LTTE would do something to
celebrate its leader's birthday. About 6.10 a.m. firing noises and a grenade
explosion were heard in the suburb of Thumpalai. The people of the area lay
flat on the ground for about 45 minutes. A lady then ventured out cautiously
and found Mr.Yogarajah's house full of soldiers. This is what had happened:
Yogarajah is a seaman who had come home on vacation and was at home with his
wife and five daughters. About 5 a.m. there was a knock on the door. Upon opening
he encountered LTTE cadre asking to enter the house. Yogarajah protested, since,
to begin with, no one with girls likes to entertain strangers at that hour.
The LTTE boys persisted and appeared to be nervous. Yogarajah allowed them inside.
Two boys climbed into the ceiling. A little later there was a second knock and
this time it was the Army. The officer asked Yogarajah if there were any LTTE
cadre in the house, to which Yogarajah replied in the negative. As the soldiers
were moving away, there was a noisy crash through the ceiling and one cadre
fell onto the ground. The soldiers came rushing back and the person on the ground
was shot dead. The house was then surrounded and the family of the house was
asked to come out. Soldiers then climbed the roof and began removing some of
the tiles. Firing noises and a grenade explosion were heard and the second Tiger
in the ceiling died swallowing cyanide.

It turned out that the two dead Tigers were from the same area. One had his
father in Germany and the mother and the rest of the family in the Vanni. The
father's brother was later questioned by the Army. The second was a Brahmin
and a grandson of Rathina Iyer. The new pattern seems to be for the LTTE to
send in people of the same area who may find survival easier. Yogarajah was
taken by the army and released the same day after questioning. Four days later
he was arrested again. Colonel Larry Wijeratne, the brigade commander, visited
one of the daughters who was in grade 10 at Methodist Girls' School and assured
her that the father would be unharmed. Arrangements too were made for the family
to exchange letters. At the time of writing his release was said to be imminent.

Mulli Junction (Thunnalai, Vadamaratchy): 18th January 1997: What follows is
the final tragedy that overtook an innocent man. Krishnalingam (43) was a valuation
officer. Having studied at Maradana Technical College, he followed a course
in quantity surveying in the UK, which he had not completed because he had a
blackout after which he returned home. He found employment as a government quantity
surveyor, married and was stationed in Galle during the 1983 communal violence.
His trauma in the wake of the violence was exacerbated owing to his already
vulnerable condition. He went to Point Pedro as a refugee. But his wife returned
to Colombo with her parents soon after the riots. But he had refused to leave.
His marriage was under strain. But a reconciliation was brought about around
1990. Krishnalingam however returned to Point Pedro towards the latter part
of last year after the Army took control of the area. He reported to the valuation
department in Jaffna. But the authorities in Colombo said that he should report
there. He lived with his mother giving tutions in English and Mathematics. He
was a short, stout person who also knew Karate. He was a devout Hindu. On occasions
when he was mentally disturbed, he would go on a pilgrimage on foot visiting
several temples, often staying at the Chella Channanithi temple pilgrim's rest,
Thondamanaru, for several days.

On the Thursday before he died, a lady relative who came to visit her mother
called Krishnalingam and gave him a message from his wife. The same evening
Krishnalingam went to the house of a friend, waited for sometime and left, since
the friend was late in coming home. The same night he told his mother, 'mother
I want some peace', and went to Puttalai Pillayar Kovil on foot. Such things
he had been doing despite the prevailing curfew. On Friday morning he went to
Vallipuram temple. On Saturday morning he set off along the Point Pedro - Kodikamam
road towards Chuttipuram temple which was one of his favourite haunts. He was
only carrying a shoulder bag. At the Mulli junction sentry point (4th mile post)
he was shot dead by a soldier. He had received shots in the neck and head. The
'Daily News' quoting the military version reported that the army doing a clearing
operation in Thunnalai had fired at an LTTE terrorist who had a grenade in his
possession. Krishnalingam's relatives who came for the funeral from Colombo
raised the matter with Colonel Larry Wijeratne pointing out that Krishnalingam
was certainly not a terrorist but a patient, and would never have carried a
grenade in his bag. They also said that had he been difficult at the check point,
since there were several soldiers around, they could have easily brought him
under control and that there was no necessity to shoot him. They added that
if it had come to the worst, they could have shot him in the legs rather than
in the head. Wijeratne promised to look into the matter and had taken a statement
from the soldier who shot Krishnalingam. The soldiers' version was that he had
refused to show his bag at the check point and had become physically aggressive.
According to Colonel Wijeratne, he had issued strict instructions not to shoot
at civilians. We shall see that claims about the dead victim having a grenade
is a common ruse in cover ups.

Krishnalingam had a problem which many psychiatric patients face. When feeling
better, they often stopped taking their pills and consequently become aggressive.
Having experienced the 1983 communal violence in the South, Krishnalingam had
developed a strong attachment to Vadamaratchy as his home, where he was free
as he could never be elsewhere. Friends have often seen him in the market buying
supplies for his brother's family on the other side of the bund, while most
people are reluctant to cross the bund. Krishnalinagam has been heard to remark,
" Who are these fellows to stop me from going where I want to go in my
own home".

Ponnalai (Vallikamam West): 29th January 1997: In the morning a group of fisherfolk
from Moolai were moving towards Ponnalai causeway for their day's work. When
they came close to the military post at the junction a mine exploded. In what
followed nine civilians and a soldier were killed. Six women were injured. A
statement was issued by the Tamil parties presently in Jaffna to the effect
that the death of civilians took place because of soldiers firing into them.
An army spokesman in Jaffna later told the Tamil parties that their statement
which was published in the 'Sunday Observer' was incorrect because the mine
which exploded had been suspended from a tree and that the civilians were killed
by the mine explosion, which because of it its position above the ground, had
a wider spread. The soldiers, he claimed, had fired upwards towards the tree
and not at the ground towards the fisherfolk. He also said that they could check
with the hospital authorities who in the course of the post-mortem had not found
bullets. A Tamil party spokesman said that this was possibly true since the
survivors who were in a state of shock had heard firing noises and had thought
the bullets were fired at them. Since doubts remain, the matter deserves a fuller
inquiry. (See addendum on Jaffna hospital.)

Puttur: 10th February 1997: About 9.00 in the morning an army patrol was returning
to Puttur along the Kodikamam Road. They were about 300 yards from the check
point which was around a bend. Normally army patrols take the precaution of
moving in single file where 20 men would stretch over about 100 yards of the
road. Perhaps, being close to home, they had lost their caution and were bunched
together like a crowd of boys after a film show. This had evidently been observed
by the LTTE a number of times. The soldiers also had a prisoner, Kandasamy Sasikumaran,
a boy of 16, carrying a helmet in his hands. As the soldiers approached a small
bridge an LTTE man who was observing them signalled to three others who while
hidden out of sight of the soldiers, pressed the plunger. For sometime there
was only a pall of smoke accompanied by firing from the soldiers. When the smoke
cleared soldiers who had hidden in neighbouring houses came onto the road and
firing noises ceased. Two soldiers lay dead on the road while an injured man
signalled with his hand. A vehicle quickly came form the camp and took away
the dead and the injured. The young man whom the soldiers had been holding prisoner
was also seen by local civilians coming onto the road, holding the helmet. The
soldiers then turned nasty and brutally assaulted civilians in the area. One
man was pleading on his knees while a soldier held him by the hair and beat
him with a thick piece of wood. As five women came out of the house in which
they were hiding, they were shot in the legs. (Fortunately these turned out
to be only flesh wounds.) Three dead bodies were later brought to Jaffna Teaching
Hospital. Two were of civilians. One was a civilian killed by the army in reprisals
at the neighbouring camp of Sirupiddy. Another was of the 16 year old boy prisoner.
The third was of the LTTE cadre who had given the signal. While escaping he
had run into soldiers moving towards the location, and had swallowed cyanide.

The 16 year old boy used to come to Puttur East every day from Watharavattai
to purchase bread for some families in his village. On this morning the army
had taken him suspecting him of supplying bread to the LTTE. It is understood
that the post-mortem report by Jaffna hospital stated that the boy bearing several
injuries, had died in the mine blast. But we have firm testimony that he was
seen after the mine explosion. (See addendum on Jaffna hospital.) The boy had
apparently been brutally done to death. The matter was later taken up with Major
General Balagalle by the EPDP. The General came and apologised to the people,
promised that such incidents will not happen again and that the offenders will
be punished. A lady in the village later observed sarcastically, "The big
man came and apologised to us. The dead came alive, and it all ended well!"

The other three Tigers who were involved in the operation were later seen in
the locality by a civilian. He asked them, "Why do you set off mines where
civilians are living, making life impossible for us?" The Tigers replied
to the effect that there was nothing else they could do and so they had to do
this.

Kokkuvil/Thavady:24th February 1997: A man was travelling along the Anaikkottai-Kulappiddy
road when he was called by a man dressed in a neat shirt and sarong. The latter
asked the traveller if he knew him. The traveller recognised him to be Kulatheepan,
the LTTE's Vanni GA, whose responsibilities had included collecting taxes from
vehicles bringing supplies into the Vanni. The traveller told him, "The
people are tired of this war, they cannot take any more. Why do you not go for
peace talks?" Kulatheepan replied, "You wait two weeks and everything
will be made clear." The traveller noticed that Kulatheepan was surrounded
by a guard, members of which had taken up positions around him and were on the
look out for the army. The traveller then asked him, "Do you know that
there is a God above watching everything?" Kulatheepan thought a little
and responded, "Yes I believe that there is a superior power above us".
The two soon parted company, each going his own way. The traveller had been
afraid that had he prolonged his stay someone would have seen them together
and informed the army.

The next day however Kulatheepan met his death. Kulatheepan and his superior,
Senthamil, who was the political leader for Jaffna were ambushed by the army
at 6.45 a.m. near Pathirakali Amman temple, Thavady. Also killed in the army
firing was Kandiah Sivashanmuganathan(41), a merchant and father of two boys,
15 and 7 years, and a girl of 14. He was passing that way to his shop. The bodies
were taken to Jaffna hospital where Sivashanmuganathan's wife and a child identified
his body. The Police refused them permission to remove the body saying that
it had belonged to a member of the LTTE.

Towards the end of February travellers passing by saw a horrifying sight. A
severed head was placed on three stones near Kulappiddy junction. According
to local talk, this was the head of a soldier who had fallen into the hands
of the LTTE when he went alone to obtain a drink of toddy. Such acts have been
perpetrated by both sides. There have been reports that in the same area at
least on two occasions heads of LTTE cadre who had fallen into the hands of
the Special Forces had been severed and placed in front of their parents' houses.

Thenmaratchy West: Mid-March 1997: Troops rounded up an area about 3 miles
in circumference including parts of Maravanpulavu, Navatkuli, Kaithady &
Koilakandy and all - old and young - were taken to a school. Except for 20 young
persons, the rest were later asked to go back. The parents and relatives of
those detained refused to return, despite some of those refusing to go being
beaten by angry soldiers. A masked person was then brought in an auto, who cleared
all those detained. The latter were then released in the presence of the local
headman.

Jaffna Convent:3rd May 1997: In the morning at 6.45 a grenade was thrown by
two Tigers at the security post by the water tank across Main Street from Holy
Family Convent, Jaffna. One policeman was injured, but not too badly. The Tigers
who had thrown the grenade ran into an army truck while trying to get away and
were shot dead. The streets naturally emptied. Pathmarajah Sudharshini(20),
a young girl who had gone to church in the morning when returning home was perhaps
the first civilian to venture into that area. This was about 20 minutes after
the incident. She was shot at by security personnel, was injured and was taken
to the intensive care unit at the JTH. Upon investigating the incident the EPDP,
EPRLF, & PLOTE discovered that the shooting of the girl took place well
after the excitement. They subsequently had a meeting with Brigadier Jayasundera,
the Town Commandant, and urged him to set up a committee of inquiry into the
incident. [Top]

The following gives a sample of cases: (See also A Note on Military Operations)

Meesalai:18th December 1996: Kandiah Vijayanathan(21) was taken in a round
up and detained at Chavakachcheri. He was later found shot dead with an injury
at the back of the neck. The Army claimed that he had been shot while attempting
to escape.

Karainagar: 11th January 1997: Thevarajah Vigneswaran (22) and Somasundaram
Sivakumar (22) were shot dead by the Navy about 8:30 p.m. The official (navy)
version is that the two were walking along the seashore during curfew hours
and did not heed a call to stop. The truth is of course very different.
The two had no LTTE connection, were close to the navy, were well known to them,
and the second was close to the EPDP if not a member. The first had a shop close
to the navy camp that was patronised by its personnel and the families had been
pro-security forces in their outlook. The house of the first was supplied with
electricity by the navy and other neighbours came there in the nights to watch
TV and videos. Curfew was only formal and people moved about freely inland.
The first was married to a charming lady and the second who lived about 200
yards away was to marry a sister of the first.

On the day in question the two men, the ladies and several neighbours, including
children, had watched a video and the two men came to the entrance of the home
of the first, intending to go to a friend's to dine. To everyone's surprise
naval personnel came there, took the men away to the beach and shot them in
the head. An inquiry was held but nothing came of it, although the EPDP had
said that it would press the matter. The EPDP's 'Thinamurasu' of Jan. 19th-25th
while stating the navy's claim, added that Mr. Baskaran, MP EPDP, "brought
this [the murders]to the notice of the authorities".

It was speculated locally that some naval personnel had entertained designs
on the two women. But on that night the naval personnel had not come into the
house although the women were there. The navy now provides rations to the families
of the victims. Some who were there have admitted privately that they could
identify the navy personnel who committed the crime, but had told the inquiry
the contrary - the navy was after all the law in Karainagar. As in many similar
cases the official version remains the last word on the matter, and that happens
all too easily.

Ponnalai:17th January 1997: Ratnasabapathy Vigneswaran(40) was shot through
the back of his head at 1 a.m. No further information other than that the body
was found. Needs further investigation.

Kokkuvil: 23rd January 1997: Rasalingam Ratnasingam (45), father of four, was
shot dead by the army while returning home in the evening.

Putthur:10th February 1997:(see above)

Sangaratthai, Valikamam West: 28th February 1997: Troops in ambush at Sinnappu
School shot dead two labourers returning home about 6:45 p.m. They were Nagamutthu
Rajendram (40), father of three, and Krishnan Perampalam (32), father of four.
The families who went to Mavady camp the following day were told that the two
were killed because they were carrying grenades. When they visited the scene,
they only found a bag with a smashed coconut sprout (pooraan). The latter is
normally consumed by poorer folk.

Chankanai, Valikamam West: Mid-March: Nadarajah, a car broker past middle age,
went to his sister's place in the evening to obtain some curries for dinner.
While returning he was shot dead by soldiers. When relatives, including the
sister and her husband, went to the Army regarding this matter, they were asked
to sign a declaration that the deceased had been a member of the LTTE.

Nacchimar Kovil, Jaffna: 17th March 1997: Pakianathan Aingaran (18), student
of St. Henry's, Illavalai, was killed when troops travelling in an armoured
vehicle opened fire upon hearing an explosion. Two others were injured.

Karainagar: 29th March 1997: A youth, Tharmarajah Janarthanan, was shot dead
by the Navy. According to the Navy the youth was shot after he threw a grenade
during a search operation conducted by them. The Thinamurasu (Apr. 6-12th) quoted
the parents as saying that the naval personnel who entered their home just after
mid-night had ordered them out and interrogated their son. Gunshots were heard
subsequently.

Alaveddy:7th April 1997: Sivarajah Manivannan of Arunachalam Vidyalayam, Alaveddy,
"died under tragic circumstances"- press notice in the Uthayan by
the School Welfare Society and the Old Students' Association.(The form of the
notice indicates that he was killed in a firing incident and we have no further
details.)

Anaikkottai:8th April 1997: Kanapathippilai Pratheepan (16,O/Level) of Balasubramaniam
Vidyalayam, Anaikkottai was shot dead at mid day when the army fired back in
response to a grenade thrown by the LTTE. The body was collected from Jaffna
Hospital after identification by parents, the school principal and teachers.
There was a massive turn out at the funeral. The EPDP called for a judicial
inquiry.

Thinnevely East: 20th April 1997: Nithyanantharajah Pushpalatha (31), mother
of two, was injured in the stomach and a leg during the shooting incident at
2:30 a.m. Her husband had been killed by the IPKF in 1988.

Malusanthy, between Manthikai & Nelliady, Jaffna Road, Vadamaratchy: 22nd
April (approx.): The LTTE shot dead two soldiers whom they had apparently observed
going to drink toddy for some time. Troops then assaulted several civilians
in the area. Colonel Wijeratne who was away during the incident is said to be
trying to trace those assaulted.

Jaffna Convent:3rd May 1997:(See report above)

Irupalai: 3rd May 1997: Kandiah Selvaratnam (58), a coconut plucker, lost a
leg by treading on a minefield meant to protect an army post in Vithanayar Lane.

Between Chunnakam & Mallakam: Mid-May 1997: An LTTE mine explosion claimed
the lives of 4 soldiers travelling in a tractor and a civilian passer-by. In
the sequel about 60 civilians were assaulted by soldiers. In a statement, Major
General Balagalle, apologised for the assault and promised appropriate punitive
action against those responsible.

Manipay, Anaikottai, Suthumalai, Kokkuvil: 19th, 20th May 1997: Firing noises
and grenade explosions were heard in this area. A civilian Kathiravelu Suresh
(33) and his wife Jamuna (24) were hit by gunfire. The former was killed and
the latter was taken to Palaly base to be treated. Four other unidentified bodies
were brought to Jaffna hospital.

Inuvil West: 20th May 1997: Kandasamy Rathinamma, an old woman, was shot dead
when she went into her compound holding a lamp at 4:30 a.m. to ease herself.
Her body was handed over to Jaffna hospital by the Chunnakam Police with several
gunshot injuries in her chest. [Top]

5th January 1997: G.W.Piyadasa(65), a Sinhalese who had been resident in Jaffna
for 40 years was shot dead by the LTTE near Innuvil junction. He was accused
of having contact with the army and giving information. The LTTE notice further
asked people not to have contact with the army whether willingly or unwillingly.
With long experience Piyadasa was no doubt a careful man. During the 80s in
particular, a number of individuals, Sinhalese, Tamil and Muslim, were killed
on the slenderest accusation of giving information. In the present climate of
a large number of people giving information, even an innocent conversation by
Piyadasa with soldiers who had moved into that area would have been given an
adverse interpretation. For example, in the case of the killing of two key LTTE
leaders in Thavady which is close to Innuvil, 1 1/2 months later, the army had
been able to obtain accurate information without the help of any Sinhalese around.

Kokkuvil, Manjavannapathy: 6th January :A man about 50 years old was found
shot dead. The local talk was that he had been `punished' by the LTTE

17th January: Uthayakumar , a merchant, was shot dead by the LTTE who claimed
responsibility saying that he was an informer.

Point Pedro: 18th January: Krishnakumar(48) of Valvettithurai was attached
to the security division of the Point Pedro CTB Depot and was a widower. His
deceased wife Indra had been the daughter of Mr.Kandasamy, Emeritus Principal
of Palaly Teachers' Training College. He lived alone with his mother and was
fond of dogs, of whom he kept several. As has often been found characteristic
of several critics of the LTTE of Valvettithurai origin (same as the Leader),
he was very frank and open about his criticism of the LTTE. This had obviously
been reported to the LTTE a long time ago. The fact that he was an outsider
and the fear of associating with someone openly critical of the LTTE, rendered
Krishnakumar somewhat isolated.

While the LTTE controlled Jaffna peninsula, it had used its middle class supporters
to spy and inform on others of similar social status. For example, a retired
gentleman in Point Pedro used to be visited after dark by two men from the LTTE
Intelligence Unit riding a motorcycle. He was periodically given instructions
to spy on particular persons. During 1993 this gentleman told some of his close
associates that the LTTE would soon place Krishnakumar under detention. But
this had not happened. Nothing happened until recently

On the day concerned an army patrol passed his house in V.M. Road near Vada-Hindu
Girls' School and the dogs barked. It was 6.50 p.m.(old time) and almost dark.
A little later the dogs barked again. Krishnakumar went out to look and five
shots were heard. His mother then came out and found him dead. Though it was
curfew time the mother carried a lantern and walked 1 1/2 miles to Manthikai
hospital to obtain help. The army came at 3:00 a.m. the next morning and took
away the body in an ambulance. The body was brought to the house after the inquest.
The event sent shock waves of terror among the people of Point Pedro. Hardly
anyone attended the funeral besides Krishnakumar's brother Jeyakumar and his
wife - the only ones to stand by the mother. Krishnakumar had no children.

It was later reportedly claimed by the LTTE that Krishnakumar had worked for
the Army Intelligence Unit. This is strenuously denied by all those who knew
him well. Such an occupation is not undertaken by those who are openly critical
of the LTTE. This is one of those periodic actions by the LTTE to keep the people
reminded that they would come back "to wipe away their tears".

Point Pedro: 25th January: S.T.R.Jeyakumar was killed by the LTTE in exactly
the same manner on a Saturday at the same time, exactly a week after Krishnakumar
was killed. Jeyakumar was a photographer in Point Pedro with two children and
had gone to live in Vavuniya during the war. Following the army taking over
Vadamaratchy in April 1996, Jeyakumar brought his family back to Point Pedro
and resumed his trade of taking videos and photographs at functions. On the
day concerned someone came to his house, called him out and said that he had
come to collect some photographs. When Jeyakumar did not recognise the man,
the caller asked him to look at his face and then opened fire. The Uthayan report
indicated a claim that he had been an informant to the Army. There was also
local gossip to the effect that he had links with other militant groups who
had just begun setting up offices in Jaffna. All this was mere speculation.
Again those who knew him well averred that he had no links with the security
forces. Jeyakumar's funeral was well attended as he was a man of the area and
his children counted many playmates. Those in the locality are unaware of any
LTTE claim.

Polikandy (Vadamaratchy):30th January 1997: S.Shanmugam was executed by the
LTTE. He is said to have been fluent in Sinhalese. There have been several other
reports of killings by the LTTE of which we do not have the details. The Uthayan
of 25/12/96 quoted an Army spokesman as saying that the LTTE killed a 65 year
old woman in Point Pedro.

Manipay:6th February 1997: Y.Srinivasan(48) was killed by the LTTE. The charges
against him in a notice beside the body were reported in the Uthayan. He is
said to have betrayed supporters of the LTTE and provided information to the
army about an LTTE camp and hidden equipment. He is also said to have betrayed
a planned ambush in Sitthankerny resulting in the army recovering a claymore
mine. The LTTE further asked others who had fallen for "charmed words and
privileges" to give up such activities.

Nunavil:8th April 1997: Chelliah Padaiveerasingham was called out from his
house near the junction at 7.30 p.m. by someone standing at the gate. A shot
was heard a little later. His body was found the next morning a short distance
away. There was a board saying that he had been punished. The EPDP said (Uthayan
10/4/97) that he had been killed by the LTTE. Other sources in the area said
that Padaiveerasingham lived in a neighbourhood from which a number of persons
had joined the EPRLF, but that he was an innocent man having no contact with
the army. This contention is further strengthened by the fact that this killing
had left many people in the area puzzled. There was no local knowledge or rumour
to suggest that he had any links with either the Army or the LTTE. People simply
reasoned that the LTTE did not appear to have been responsible because it issues
a warning or two before killing someone. But we have a number of cases of LTTE
killings on record where no warning was given, and the LTTE denied responsibility.
Some people in the area drew the conclusion that the killing had been done by
Tamil groups who had recently come to Jaffna. The modus operandi however is
the one used by the LTTE and there are no indications that the other Tamil groups
who had been in Jaffna now for four months have indulged in such activities.
Yet some of the recent killings by the LTTE may have to do with driving fear
into persons who may have family or other connections with the Tamil parties
now in Jaffna.

Imayaman Kovilady, Vadamaratchy : Mid May : Tharmalingam Saimini, a young woman
of 22 years, was shot dead by the LTTE. Her `crime' was that she was engaged
to a member of the Sri Lankan army. It is said that the LTTE had issued 3 warnings.
The funeral arrangements were undertaken by the Army.

Sarasalai, Thenmaratchy : 23rd May : Arumauam Kumarasooriyar ( 42), a trader,
also known as Suresh, was taken from his home by the LTTE during the night.
His dead body as discovered near Kamalasini School, Mattuvil, the following
morning. The charge against him is reportedly that he had retailed goods that
were shipped into Jaffna and supplied by the Army. Some sections of the army
are involved in trade on the side , even running some well-patronised canteens.
[Top]

Ponnalai : 29th January : See 3 above and last section of Addendum on JTH.

Chankanai East : 19th February: According to a statement by the Army reported
in the 'Uthayan' and not contradicted, a claymore mine exploded in Chankanai
East at 7.30 AM on 19th February 1997, and a grenade was thrown, resulting in
5 civilians being injured and a 10 years old girl who was badly hurt being taken
to Palaly base for treatment.

Thalayady, Maruthankerni: 15th March: Passenger bus no 62-4774 plying route
No 807 at 6.15 a.m. was blasted by an LTTE land-mine. It is speculated that
those exploding the mine had thought that the bus was carrying soldiers. But
only regular passengers were in the bus. A woman, Pathmavathy(30), of Maruthankerny
and a man, Kandiah ( 65) of Udutthurai, were killed. 11 others were injured.

Thinnevely : mid-April : LTTE cadre threw grenades at soldiers between the
University of Jaffna and the post office. Those injured were 3 women and a man
who were 2nd year commerce students of the University :- P.Jeyarani (24), S.Priya
(23), N. Pushparani (25) & C.Easan (23).

Illavalai, Valikamam North: 3rd June: An Army escorted bus was subject to a
land mine attack, killing a policeman, two soldiers and two civilians. The injured
civilians were taken to JTH.

Despite a disturbing trend, reprisals remain the exception rather than the
rule. In Vadamaratchy discipline remains good. As an example, Irumpumathavady
in Navindil is an area frequented by the LTTE. Recently soldiers acting on information
ambushed and killed two or three LTTE cadre. About a week later the LTTE shot
and killed two soldiers on a motorcycle near the local army camp. Within an
hour the situation was normal and people were going past the army camp without
fear.

LTTE attacks on the Army mainly rely on hand grenades and claymore mines and
are thus principally aimed at un-nerving and provoking reprisals. The LTTE operates
in larger numbers in the south-eastern sector of Thenmaratchy where direct confrontations
sometimes take place. The LTTE admitted losing 4 men in a confrontation at Vettilaikerni
in early May. About 2.30 A.M. on 4th May the LTTE attacked the Army camp at
Thanankilappu and withdraw after half an hour leaving two dead. The Army too
seems to have suffered casualties as suggested by a report in the 'Uthayan',
that two helicopter landings in the army camp were sighted. 13 soldiers were
killed in an LTTE attack in Vettilaikerni just before independence day (4th
February). On 17th April 10 soldiers and two civilians travelling with them
were killed in a mine blast in Vadamaratchy East (uncleared). Their vehicle
was one in a convoy going on a mission. Following a round up using masked informants,
three persons from the same family in Nagar Kovil {Ariaratnam Selvakumar (23),
Ariaratnam Arulmathy (21), & Periyathamby Amalanathan (31)} were taken away.

On the 6th December 1996, 6 soldiers having their usual bath at a well 75 yards
from the Meesalai camp in Thenmaratchy were killed when two claymore mines operated
by a pressure switch exploded. Overall, troop casualties appear to have declined
in comparison with last year, and the levels are far below the high casualty
rate in the East. The distinction between cleared and uncleared areas remains.
Often Special Forces mounted on motorcycles operate in uncleared areas.

Reports of LTTE casualties could be gleaned from the 'Uthayan'. These are often
coded ambiguously as 'bodies of unidentified youth'. One often reads that the
Police from Chavakacheri (in case of Thenmaratchy) or Chunnakam (in the case
of Valikamam) brought the bodies of unidentified youth to Jaffna Hospital for
identification and post-mortem examination. This usually means that no relative
had so far come forward to make an identification.

For example, the 'Uthayan' of 18-02-97 reported that the Chavakacheri Police
brought 8 bodies to Jaffna Hospital over the past 3 days, 5 from 3 separate
incidents. 3 unidentified bodies from an incident in Palai on the dawn of 15/2
were brought to Jaffna Hospital on the 17th evening. All three had gunshot injuries,
one had the chest and two hands smashed. The bodies of Nadaraja Prabakaran(21)
and Yogeswarasarma(22) killed on Sunday (16th) during the shooting incidents
in Mattuvil - Point Pedro Road and Navatkadu, Varani, respectively, were brought
to Jaffna Hospital in the evening, the same day. Their names were given by the
Police, but where they are from is not known."

There is, taking into account the circumstances given and not given, little
cause for doubt in the case of the first three. In the case of the last two
they may have possessed some form identification or may have been known in the
area. But for more than 24 hours, no one had come forward to claim the bodies.
Based on this, the element of doubt is however greater. We have given a case
above (24/2) where in the case of an innocent civilian killed, the family had
come to Jaffna Hospital for the body, but the Police refused saying that he
was LTTE.

Other typical reports are : (Uthayan 19/1/97): The body of a youth with gun
shot injuries was seen on Eluthumattuval - Nagarcovil road in the morning, the
day before yesterday. No further details were received of this corpse clad in
black trousers and a green banian.

(Same issue of Uthayan) :The corpse of a youth about 20 years, said to have
been shot dead in Chankanai, 9:50 a.m., day before yesterday, was brought by
the Chunnakam Police the same day. There were gunshot injuries in the left side
of the chest and in the neck. His name was given as Jegan. (Uthayan 27/2): The
body of a youth said to have been killed in the incident in Kokkuvil West day-before-yesterday,
was brought to Jaffna Hospital yesterday by the Chunnakam Police. It was made
known that the deceased was a member of the LTTE.

(The latter incident appears to have been in the context of the operation in
which two key members of the LTTE were killed the previous day in the same area
- report above)

(Uthayan 30/3): The body of an unidentified youth, about 29 years of age, said
to have been killed in the shooting incident at about 4:30p.m. in the Kondavil
area day before yesterday, was brought to Jaffna Hospital by the Jaffna Police
yesterday for identification and inquest proceedings. The corpse had gunshot
injuries in the back of the left shoulder and the upper right hand.

We once more highlight Vadamaratchy as an area where the conduct of the army
has been exemplary. Missing persons have been very few and we know of only one
case in Irumbumathavady where arrest is being denied, which remains to be clarified.
Sadly much of this owes to the initiative of Colonel Larry Wijeratne, the brigade
commander, rather than to the army as an institution. In dealing with the people
he tries to understand them and remove causes for offence. On the vexed question
of persons having to dismount at check points and walk past soldiers he has
now made it the routine that people need not dismount from their vehicles. In
cases of persons who were victims of army action he has visited their homes
and tried to reassure their families. In the case of Muralitharan (Bulletin
No.13) who died under torture by the army, the Colonel visited the home, carried
the baby and made his personal apologies to the wife. In places where soldiers
had tended to misbehave, in order not to expose the complainants he had visited
homes in the area, which served as a warning to the soldiers. As a result he
has also been successful in forming a number of societies and even those of
youth, where issues could be discussed.

One of the successes was to arrange for 92 students (two from every GS division)
to visit the South where they were given opportunities to meet those of their
age in the South and also visit places of interest. This went ahead despite
warning letters to the headmen (GSs) from the LTTE. Applications for travel
to Colombo need to go through the brigade HQ and in following the normal routine
there is a long wait. Owing to the shortage of teachers the Colonel had politely
told teachers who gave him their applications to travel to Colombo, that rather
than wait their turn in the queue, if they would go during the vacation he would
see to it that they would travel as soon as their school broke and could then
return in time for the reopening.

In principle every civilian has access to the brigade commander. Normally the
civilians would first go to the civil affairs officer and if he could not help
them in the way they wanted, they could see the brigade commander if they were
prepared to wait. More recently the Colonel has been visiting places and homes
informally in civilian dress.

Recently the Colonel had been invited as the guest of honour at the prize givings
at Hartley College and Methodist Girls' School, Pt. Pedro. His speeches were
much appreciated. The Manila based Radio Veritas claimed in its Tamil broadcast
that the Colonel has been forcing himself on schools and has also forced schools
to fly the national (Sri Lankan) flag at their functions. Both these charges
are denied locally. The invitations were spontaneous. The Colonel had in fact
told the school principals that they are not under any compulsion to fly the
national flag.

It is also the first time after 1978 (at St.Patrick's) where a Sinhalese had
been so honoured at a prize -giving in Jaffna. The people are mainly looking
for decency and humanity. We are also given a strong hint of the wasteful and
destructive nature of government and military policy over the past decades,
as opposed to what could have been achieved by an appeal to reason and humanity.

Experience, that has been long and tragic, ought to have taught us that it
is the willingness of people at all levels of society to stand up and speak
their minds fearlessly that would ensure its health and well-being.

It is heartening to note that Jaffna is doing better than what might have been
expected in the light of what happened during the past 11 years. The Roman Catholic
Church has been the largest organised body in Jaffna, but it had almost totally
failed to take up a moral position during the long years of internecine strife
and internal oppression when blood flowed freely. The opportunism and culpability
of some clergy is also well-known. In recent times however it is a most encouraging
sign that Bishop Thomas Saundaranayagam is rising up to the occasion and saying
things that need to be said by a leader of his standing. In a number of interviews
he has given the press and visiting delegations, his remarks have been wide-ranging.
He has criticised the Government over its shortcomings and the needless disabilities
suffered by the people. But he has also done the difficult things like giving
credit to the Government and the Army where credit is due. He has also been
self-critical. Commenting on the lack of democratic initiative within the Tamil
community, he has said, "For seven years we have been silent. We need once
more to teach ourselves how to speak". Tamil readers in Jaffna have however
not been given the benefit of what he has been saying. The Tamil press has generally
avoided publishing remarks which challenge the nationalist position.

There have also been letters to the editor of the Uthayan protesting against
arbitrary arrest and corruption. What follows is an excerpt from a letter to
the editor of the Athena (6th January 1997). It is a carefully drafted letter,
a good deal of which is double edged, and is capped by the irony of the editor's
note: "...It has been pointed out in the press that the people returned
to Valikamam placing their faith in the armed forces. Arrests and disappearances
resulting from the activities of the armed forces have created a situation where
the gap between them and the people could only increase. I trust that my writing
this will not be taken as an action against the forces resulting in harm being
done to me. Yet it is being widely talked about that we came trusting the armed
forces and that we have been taken for a ride. Therefore I trust and plead that
the armed forces would treat this as a problem of those who placed their trust
on them and will take remedial action accordingly.
"Even in recent times many persons have been arrested by both the Tigers
and the armed forces. But no information about these arrests is published in
the press. This has caused many readers of the Uthayan (the only paper in Jaffna)
to wonder if it is being subject to censorship through clandestine means..."

Editor's note: "In consideration of the safety of this reader from Anaikkottai,
we have decided to withhold his name."

From January four former militant groups, the EPDP, EPRLF, TELO & PLOTE
are represented in Jaffna as political parties. The EPRLF had largely ceased
to function as a militant group since 1990. There had been misgivings about
their deployment in Jaffna owing to a negative view of the activities of some
groups that had worked closely with the armed forces. For example, in our recent
report on the Vanni, we highlighted some of the activities of the PLOTE and
TELO in Vavuniya. Manikkathasan, who is the deputy leader of the PLOTE, has
been personally associated with a number of uninvestigated killings even under
the present government. Under the terms in which these groups were to set up
office in Jaffna, they could maintain rifles in their offices and certain leaders
were allowed to carry pistols for their protection while moving around. So far
the earlier fears have not materialised and these groups are so far known to
be playing only a political role in the peninsula proper (i.e. excluding the
Islands where the EPDP had long maintained an armed presence).

Up to this time there have been no major complaints although doubts remain.
At least people who need help with someone arrested, want to go to Colombo urgently,
wish to make a telephone call to Colombo, wish to find a job or talk about some
other problem, feel that they could approach someone who might do something.
These groups have also been exerting pressure regarding missing persons and
have been pressing for inquiries in the case of persons killed by army action.

There would always be the nagging fear that some elements from these groups
who are very much beholden to individual army officers rather than to anyone
else, may, if things become difficult, be used in the manner in which they have
been used in Vavuniya and the Eastern Province. The LTTE no doubt hopes that
such an eventuality would arise. If such pitfalls are avoided, this may be an
opportunity for these groups to redeem themselves. The TULF has been criticised
for not coming to Jaffna and according to a TULF spokesman, they are seriously
thinking of moving in.

On both sides many of the combatants see themselves caught up in a war that
has lost all meaning for them. But all choices seem unenviable. In recent weeks
there have been well publicised desertions of security personnel sent to the
Vanni from safer postings. A batch of applicants who went recently to be interviewed
for selection as army officers were surprised to find themselves strongly discouraged
by serving officers who met them on the way. In the case of the Tamil struggle
the causes of disillusionment are very deep and have been increasingly felt
from its militarisation in the 80s. We have discussed this in earlier reports
and the issue has been covered from several perspectives in the 'Broken Palmyra'.
We merely point to some recent developments.

With the opening of the Vavuniya-Mannar road earlier this year the army stopped
the boat service from Vidathaltivu in the LTTE controlled mainland to Mannar
Island that had been under army control. The pass system operated by the LTTE
had made it very difficult for its deserters and ex-militiamen to leave its
domain. The army wanted travellers to Mannar Island to come to Uyilankulam on
the newly opened main road and take a bus. The people did this despite being
forbidden by the LTTE and in time it became regularised. With many pressing
matters on its hands the LTTE lost control of the situation. Consequently, it
became an escape route for LTTE deserters who went to Uyilankulam and surrendered
to the army.

On 1st May 1997, about 4 LTTE men went along with the civilians with concealed
weapons and suddenly opened fire at soldiers manning the Uyilankulam entry point.
Two soldiers were hit of one whom died later. The soldiers had been without
success trying to get the civilians into two queues. Fortunately there was present
a competent civil co-ordinator, Wijedasa, a retired army officer who was trilingual,
who got the people to lie down before the army responded with small weapons
and cannon. The shells fell further afield killing the son of Bar Ponniah of
Mannar, father of a four months child. One shell killed two cows, and a lady
about to feed them stood transfixed by shock holding the bag of feed, when a
piece of shrapnel from a second shell, tore through the bag though not harming
her. Subsequently LTTE deserters who came to surrender were beaten and the message
has been given that the army does not want LTTE deserters to come that way.
The people of the area live on pins owing to occassional shelling.

Once the LTTE's deputy leader Mahattaya was placed under custody in 1993, those
who were closely associated with him became suspect and were tortured by their
own organisation. According to local figures in Chavakachcheri, when the Army
moved in there in April 1996 they used Mahattaya loyalists who had come over
to them to screen out LTTE cadre who had remained in refugee camps. The mother
of a detainee from Meesalai said that her own son was being tortured by former
LTTE men now working for the army. A number of former LTTE men now dressed in
Sri Lankan army uniform have been observed in Jaffna. In the Manipay area a
former LTTE area leader is now said to hold the rank of 'captain' in the army.
The LTTE cadre Sayanthan (alias Anandan) who was responsible for the landmine
attack at Ponnalai on 29th January (report above) was arrested in Araly after
being shot in the leg. He told a fellow prisoner apologetically that he did
not have time to take the cyanide. The army is known to have been treating him
well.

Thus one gets accounts of many strange things in Jaffna. A young man who came
from Colombo and attended a funeral in his village, was closely questioned by
a former acquaintance. Others at the funeral warned him, "Be careful of
what you tell him, he is very close to the LTTE". The next day this young
man was going past an army camp when to his surprise he observed the same person
who questioned him holding hands with a soldier, engaged in a very friendly
conversation. A young man Ramesh who lived near Valvettithurai was shot dead
by the LTTE. The local talk is that LTTE cadre had visited his home, had dinner
with him and he had gone along with them to escort them safely out. But subsequently
they had shot him.
What follows is the story of a young man caught up in a tragedy that is very
characteristic of the atmosphere. After the forced exodus of the civilian population
from Valikamam in 0ctober 1995, Haran deserted from the LTTE and stayed with
his family which included two sisters, who were refugees in Thenmaratchy. One
day the LTTE came to the area and said that they were looking for two LTTE deserters
who were being hidden by the refugees. But on that particular day Haran had
gone to another village for the night. After the Army moved in those who were
members of the LTTE were asked to surrender. The parents arranged for Haran
to be surrendered by a person of standing.

Haran was kept for a few days and released with a slip of paper. With this
he enjoyed the freedom to travel much more freely than was permitted to normal
civilians. He was freely allowed to go into the uncleared areas and come back.
At one point he visited the Thavady area frequently and had evidently made contact
with the LTTE. Having had lunch one day in September 1996 with some LTTE members
who had come from the Vanni, he was shot dead by the army near Uduvil where
he is said to have been attempting to throw a grenade. One explanation of this
episode is that he had been an agent deliberately left behind by the LTTE. But
what seems to fit the facts better is that he had agreed to provide information
to the Army and had at the same time tried to persuade his LTTE companions that
he was on their side. He may have been sent to throw a grenade to prove his
loyalty to the LTTE.

Kerudavil:4th August 1996:In Special Report No.7 of August last year we reported
the murder of Karthigesan and his daughter Baleswari, the latter being killed
after rape. According to local sources the culprits were detained by the Army
following medical evidence. We have no record of what further action was taken.

Meesalai:8th August 1996:Navaratnakurukkal Koneswara (27), Brahmin priest,
had gone to Meesalai the previous day and set off home to Point Pedro via Jaffna
about 9.30 a.m. He did not reach home. All possible agencies were informed including
army camps but to no avail.

Chavakacheri: 12th August 1996: Chinniah Somaskandan, Arts student, University
of Jaffna, originally from Thellipalai, refugee in Chavakacheri, arrested on
the way to the university via Kopay. Mother, Rajapoopathy Somaskandan, widow,
has since then been inquiring at army camps only to be sent from one camp to
the other.

Manduvil, Thenmaratchi:28th August 1996:The decayed body of M.Kanagu(55) with
the hands tied was found in the cesspit of a lavatory close to his house. The
detection was made a month after the victim had gone to see his lands and not
returned. The identification was made by the wife. The culprits were not traced.
In our Special Report No.7 of August 1996, we reported a similar case from the
same area during the same month. In that case the victim, Mayuran (19) who was
thrust into a cesspit had managed to attract the attention of a lady with sharp
ears and was rescued. It was also in this area that on 17th May 1996 three males
and a child were chopped to death and three women were raped. This too remains
uninvestigated.

Sarasalai, Thenmarathci:13th September 1996:At about 6 p.m. Saravanabavanandan(21)
was made to crawl by soldiers and was shot from behind. The army version is
that he had come with arms with 15 others.

Nunavil, Thenmaratchy: 18th September 1996: Thangavelu Rajendraumar(28) of
Atthai, Alvai East, Vadamaratchy, was Sarvodhaya Regional Co-ordinator, Vadamaratchy.
On the day in question he went to the regional office at Nunavil at 10 a.m.
and was arrested by the army in the vicinity, at the site of a claymore mine
incident the previous day. The arrest was witnessed by a watcher who is prepared
to testify anywhere. Rajendrakumar is frail and suffers from occassional fits.

Thenguthattu, Thenmaratchi:22nd September 1996:This village is 300 yards beyond
the bund. 6 persons were killed by shells fired from Eluthumattuval South.
Manduvil, Thenmaratchi:24th September 1996:Krishnapillai(57) was killed by the
LTTE in the presence of his daughter. He was reportedly accused of being friendly
with the army.

We have so far been unable to find local confirmation of the claim made in
the LTTE Bulletin of 15th August 1996, that the bodies of three young girls
and five young men were discovered in a shallow grave which was connected apparently
with an army round up in Kachchai and Thanankilappu. The people contacted were
not aware of this particular incident but there was a rumour about the disappearance
of 13 persons in another part of Thenmaratchi of which we have no concrete testimony.
(The recent AI report gives an incident in mid-1996 in Thenmaratchy West, where
a number of persons went missing.)

In Bulletin No.13 of 27th December 1996 we reported the arrest by the army
of Sivagurunathan Arutchelvam(20) in Kaputhoo, Vadamaratchi. We are informed
that he has been released. We also reported the arrest in Thanankilappu of Sathasivam
Ramesh(19) on 15th October 1996, who had crossed the lagoon with his mother.
We are now informed that he was held at the Chavakachcheri army camp and transferred
to KKS on 23rd December 1996. He wrote his first letter to his mother on 26/12/96.
He was subsequently transferred to Magazine Prison, Colombo and his case was
to be heard in Anuradhapura on 9th May. When his mother had inquired at the
Chavakachcheri camp just after his arrest, she had been firmly told that her
son was not there. The case of Poopathy Aravindan (26) missing after arrest
in July`96 (Our Bulletin No.13)was taken up before the MoD's committee in Jaffna
on 17th April.

The case of the Chundikuli tie:12th December 1996: The LTTE London Bulletin
of this date stated that the bodies of a number of Tamil school children were
washed ashore around Mullaithivu. One corpse of a girl in school uniform is
said to have been wearing a tie of Chundikuli Girls' College, Jaffna. The Uthayan
published a news item on 13/12/96 quoting news agencies in London that the bodies
of 3 girls previously subject to abuse were washed ashore in Mullaitivu. It
added that this had been confirmed by the BBC Sinhalese Service. Its issue of
19/12/96 gave further information quoting a letter from the TULF leader to the
President that the corpse had both the Chundikuli tie and school badge. The
issue of 25/12/96 carried a response from the army. The army had interviewed
the school principal who had said that other than the case of the rape victim
Chryshanthy Coomarasamy (who was killed on 7/9/96) she had received no reports
from parents or relatives about any other girl missing and that in such an event
she ought to be the first to be informed. She too had heard about the Mullaithivu
corpse from the press. The Uthayan was faulted for blindly publishing reports
coming from Colombo and abroad without going to the trouble of checking with
the school principal who was accessible within the same Jaffna municipal limits.
The truth about the corpses remains a mystery.

Of the 676 missing persons listed by Amnesty International, 576 are from Thenmaratchi
and 100 from Valikamam. The committee appointed by the Defence Ministry to look
into missing persons heard 59 cases in January(Jaffna Municipality 19, rest
of Valikamam 12, Thenmaratchy 28) and another 60 cases in April(Jaffna Municipality
13, rest of Valikamam 27, Thenmaratchi 20). No findings have been made public
so far. Of the number given by Amnesty, 361 went missing in August 1996. We
may take AI's to be the most complete list.

We had ourselves suggested that one reason why the government was so silent
on the matter is that a number of those detained had died under conditions of
torture or criminal assault. The case of the remains in the cesspit given in
the earlier section is almost certainly one of several such examples that may
never come to light. What independent information do we have with regard to
this question? According to testimony coming from two middle ranking army officers
(above the level of captain), the Army did eliminate scores of persons belonging
to the LTTE who were captured or picked up in Valikamam when the army moved
into Jaffna town in December 1995. They claimed that their bodies had been burnt.
But they added that of those detained after April 1996 when the civilians returned
to Valikamam, no one was eliminated and that they are nearly all under custody.

As to the first claim we have no independent sources, but it does conform to
the little that is known about what happened after the Army came to Jaffna in
December 1995. We recorded the case of a merchant in Kandarmadam in whose house
at that time 20 LTTE cadre had taken shelter. When the army came there on a
tip off, the merchant himself was shot along with three LTTE cadre. As far as
the LTTE is concerned all those left behind in Valikamam who fell into the Army's
hands should have taken cyanide rather than get captured. Even after April 1996,
summary executions do not seem to have been regarded unusual - e.g. the execution
of two captured cadre in Navindil (Sp. Rep. No.7). If the claim about eliminations
is true, it is made the more baneful when one also considers that there is an
association of families of missing servicemen in the South with the late General
Kobbekkaduwa's widow as patron. These families have been frantically seeking
information of about 500 missing servicemen. Public appeals to the LTTE through
the press by some of the parents have been both moving and conciliatory, with
emphasis on a strong desire for peace.

In the case of testimonies we have recorded in the previous reports, the methods
of torture were so unrestrained that several of those detained would have died.
Despite repeated protests, the Government was in practice very lackadaisical
about the matter. This partly owes to the sheer inertia of the system.

We do have testimony that torture in the form of suffocation with petrol bags
and severe assault with thick pieces of wood went on at least until the end
of last year. A prisoner who was at Chavakachcheri camp testified that when
he was beaten on the hands the piece of wood came down on his handcuffs causing
them to break. Several persons so treated are likely to be released by the Anuradhapura
High Court after a nominal bail of Rs 1500/= - meaning that they are practically
innocent. Most of the torture seems to have been carried out at local camps
rather than at Palaly base itself. At Palaly base there seems to be some form
of internal accounting where records are maintained of prisoners who are brought
there. If a prisoner does get sent to Palaly for medical treatment, he or she
would then come into this accounting process. An exception seems to be prisoners
taken by the Special Forces (SF). According to testimony coming from an army
nurse, prisoners sent for medical treatment by the Special Forces are returned
to the SF themselves. A particular case referred to was Shanthy from Brown Road,
Jaffna, a female LTTE cadre picked up by the SF in the uncleared part of Kokkuvil
early this year, who was tortured with her vagina being burnt with lighted cigarettes.

The Government seems to have settled down to dealing with the problem of missing
persons by releasing a small number of detainees at a time. There are regular
news items in the `Uthayan' providing information about youths detained or released.
The issue of 8/12/96 said that there were 149 youths at Kalutara from the North,
most of whom were arrested in 1996. It also said that 21 were being released.
On 16/2/97 the Uthayan published a list of 34 persons held at Magazine Prison
said to have been given by the EPDP. The Government might hope that by so releasing
small numbers at a time, the issue might in the end become so cloudy that it
will be very difficult to obtain an accurate picture as to how many were released
and how many had disappeared. The existing instruments, both national and international,
do not seem to afford a remedy against so called 'friendly' governments getting
away with such things.

Recently, a 'Committee for the Defence of Missing Persons' in Jaffna sent a
memorandum to the President of Sri Lanka which reads: "…students,
government servants and employees of private institutions were among those detained
by the security forces. About 800 parents so affected have been blighted in
both body and mind. Life has lost its meaning and their life-span too has been
shortened…Despite warnings from other quarters it is out of the trust
reposed on you and the armed forces that we chose to live under government control…Our
children were arrested by the army before our own eyes at their check points.
They had neither gone abroad nor joined the LTTE [as is sometimes suggested
by officers]…Our minimum demand is that arrangements should be made for
them to exchange letters with us - their parents…"

It is unfortunately true that Jaffna has suffered the most from political game-playing
by her own sons who had cut off any permanent stake in the place. We have pointed
out before that the LTTE's activities were most profitable to those who wanted
to establish themselves abroad. During the war years while a relatively privileged
section with the means or foreign connections was seeking to establish themselves
abroad as immigrants or refugees, propaganda by persons from the same group
in concert with the LTTE sought to represent life in the North-East as having
become impossible entirely due to state oppression. We will not go into the
several ways in which this contention was used and abused. We just take one
strand.

The Medical Institute of Tamils (MIOT) was formed in 1994 and it convened its
first meeting in London in September 1994. Many distinguished Tamil doctors
attended who genuinely wanted to help the people. The medical problems of the
North-East highlighted were genuine and urgent, and no doubt the government
was culpable in a big way. One paper highlighted mental illness and trauma as
being about the gravest problem with internal repression under the LTTE being
among the major causes. (This was played down by censorship in the published
collection.) The purpose of the conference was to seek remedies.

As a follow up, a "Short Visit Programme for Doctors" was announced.
The appeal was published in the May/June 1995 Bulletin of the Tamil Information
Centre (London), a co-sponsor of the conference. The appeal mentioned "large
numbers suffering from Post Traumatic Stress Disorder (PTSD) resulting from
constant shelling and bombing by the Sri Lankan Security Forces" (no doubt
true, but partially). It added: "The overriding health need in the North-East,
however, according to the visiting and local doctors is personnel. The attitude
of the Sri Lankan government towards the North-East population is calculated
apathy and it is only the Tamil medical fraternity abroad that can fill the
prime need for medical personnel".

In announcing the details for volunteers, it was stated: "Transportation
will be arranged from Colombo under the auspices of the Red Cross or other organisations.
Board and lodging will be provided during the stay in Eelam" (our emphasis).

Clearly, as a programme requiring the co-operation of the ministries of health,
defence and the local Red Cross, it was a non-starter. An explanation is owed
about what the intentions were.

Came the Government offensive in Jaffna in October 1995, and the LTTE ordered
the civilians to leave Valikamam on 30th October. This had no doubt been planned
at least some weeks earlier. It was to be represented to the world that a patriotic
people left en masse of their own free will, because they did not recognise
nor wanted to live under an alien government. A privileged few had early notice
to leave with their possessions (our Special Report No. 6) The international
networks had to be primed to articulate this message and represent the enormous
sufferings of the dispossessed as being due to the Government alone, and promote
the LTTE as their saviour.

The medical problems of the residents of Jaffna today remain no less severe
than they were in 1994, and there are far fewer doctors. Most consultant specialists
in Jaffna hospital have left. There is to begin with, no permanent surgeon at
present. Many peripheral units are without doctors at all. The doctors in Nainathivu
and Vadamaratchi East have left. The people who are now more vulnerable to infectious
diseases could suddenly be faced with epidemics with totally inadequate medical
care. For example, during recent years malarial illness has been common in the
early months of the year. There is only one doctor in Kayts serving the islands,
and in February the Kayts hospital had at one time 40 patients warded. In Thenmaratchi
1271 fever victims had their blood tested at Chavakachcheri hospital. Point
Pedro hospital at Manthikai, once a thriving hospital has, besides the MSF staff,
only two qualified doctors, one of whom is in harness after passing his age
of retirement. Jaffna peninsula which was a relatively a healthy place for much
of this century, now according to medical sources, has a significantly higher
rate of infant mortality.

A particular group of vulnerable persons, whose numbers could rise to more
than 150,000 with the current military situation in the Vanni, is of a kind
that has been unknown during this century. These are mainly Vanni returnees
from the late 1995 exodus. They record a high incidence of septicaemia, malaria,
cerebral malaria, typhoid and the so-called 'fire fever'. The latter has been
known particularly among Jaffna's displaced population from about 1991. The
victims succumb within two days. These people have to carry the scars of the
'Exodus' that was primarily a game for those who articulated it.

Yet little has been heard about concern for the health needs of the people
from those who were vocal on the subject when the LTTE was in control. It would
appear as though their medical problems had ceased to exist along with the people
themselves. The romance in highlighting their problems has vanished. Jaffna
no longer has the glamour where expatriates could come in and carry back a coveted
video record of their having tea with LTTE functionaries. Jaffna is only fit
to be a free-fire zone. (See addendum on Jaffna hospital.)

Those who have tried to persuade Tamil doctors to come and work in Jaffna,
even from Colombo, have found the effort singularly unrewarding. The British
Foreign Minister who was in Jaffna last December had also made the observation
that efforts at trying to persuade Tamil doctors in Britain to spend a short
time in Jaffna while receiving all the benefits of working in Britain, turned
out to be futile. The propaganda is such that even those who may have considered
going to Jaffna are being discouraged by fellow Tamils. In Jaffna itself several
middle class areas are largely empty of inhabitants. There may be just one couple
who have the care of parents, grand parents, uncles, aunts and other elders
whose other descendants had left. One such young man who was himself being asked
to come abroad by his doctor brother, who told him that there is soon going
to be an attack to liberate Jaffna, observed sceptically: "In earlier years
those who were leaving Jaffna were considered traitors in LTTE propaganda. Now
supported by LTTE propaganda those abroad consider themselves patriots, while
we who are trying to keep life going for ourselves and those around us are regarded
as traitors!"

13. The Search for Remedial
Measures

We stated at the beginning that the issue of missing persons is a reflection
of much of what has happened. The numbers missing in each division is also a
measure of the gulf between the people and the authorities in the area. As for
external consequences, the Government may well get away by dragging its feet
and inviting foreign observers at some convenient time to report that the human
rights situation has improved in a technical sense. Yet it is widely recognised
that quantitative improvement is farcical unless it is matched by benign institutional
changes and the removal of repressive laws. Of these we have seen nothing. Even
the President's feeble attempts at reform could make only a limited and temporary
impact as they are not supported by criteria or processes for evaluation, matched
by a system of rewards and punishments to encourage certain tendencies and to
discourage others.

Thus pressure needs to be constantly applied to hold the Government accountable
in the fullest sense possible. Means must be developed to counter the Government's
evasiveness. Apart from individual tragedies, the failure to address the human
rights issue fully or to merely treat it as a public relations ritual, poisons
the political atmosphere to a point where the options left are unserviceable.

Given the situation described in this report, one could easily see how the
situation could deteriorate if the human rights question is not addressed urgently:
The gulf between the Army and the people will grow, the Army becoming more harsh
with the people in response to LTTE provocations that include more frequent
attacks on anyone perceived as an opponent. Terror takes over the community.
All those who had hitherto lacked the courage or conviction to take any stand
whatsoever, would take refuge behind slogans like "It is wrong to criticise
the LTTE" and "You could never trust a Sinhalese government or a Sinhalese
army".

We have been here before and it is political terrain in which the LTTE feels
most at home, where it has so far found no match. Its job would become about
as easy as carrying out selective assassinations and keeping up provocations.
Then all those, who took bold initiatives, spoke up or tried something different
and constructive, would find themselves isolated, frustrated and even eliminated.

In such an impasse talks with the LTTE would be advanced as a lifeline, not
as being about democracy, peace or devolution, but as a truce - an elusive truce
between two oppressive agents, both having good deal to hide. There will be
nothing in it for the people. We have been here before too.

Variants of these very real dangers must be kept in mind while addressing what
needs to be done. To begin with, the Government should not be allowed to get
away with further excuses for not opening up Jaffna fully. If human rights organisations
and journalists have unhindered access, it would do a lot of good. Jaffna has
two options. It could improve dramatically or die the slow death it is undergoing
now.

To those who were prepared to ignore the hidden realities of the LTTE's regime,
what obtains in Jaffna today looks more repressive - freedom of movement has
been curtailed, arrest is less predictable and crime seems more conspicuous.
But many of those who have lived through the vicissitudes of the last two decades
refuse to see things so pessimistically. There is today more freedom, perhaps
just a little more, to speak one's mind openly, if one dares. With varying degrees
of clarity, many see the crucial importance of pushing this freedom to its limits.

It is futile to compare what occurred under the LTTE with what exits today.
That would be to apply static criteria instead of looking at what could be done.
When the Sri Lankan Army, which in the past had alienated the ordinary Tamil
by its actions and its virtual transformation as a Sinhalese Army, tries to
administrate without much political initiative, people resent its overriding
authority as well as its inefficient functioning. The LTTE regime, being part
of the community, having suppressed all forms of independent initiative by the
people, was able to provide the elementary services with much efficiency. But
the politics of the LTTE has a very dangerous flaw:- Its constant need to enhance
the very real insecurity faced by the Tamil people, tap their lower instincts
for hatred and revenge, and so use them to further brutalise the `enemy'. It
progressively suppresses any potential there is for peace building. The tragic
plight of the Vanni returnees from the engineered exodus of late 1995 is characteristic
of what it will bring again and again. This makes the freedom of thought and
expression far less abstract and equally more precious.

The people who flocked back to Jaffna in April 1996 saw some changes - an army
that was disciplined, and a government which showed at least a vision of finding
a political solution to the ethnic problem. This vision was allowed to become
skewed. The reader of this report, we hope, would have found food for thought
on what needs to done to redeem that vision. [Top]

From 1986 when shells fired by the army from Jaffna Fort fell in and around
Jaffna Teaching Hospital(JTH), it has occupied a central place in the drama
surrounding the war. On the one hand the hospital was crucial to the morale
and well -being of the community, and on the other there was propaganda benefit
to be derived from incidents that pointed to the Government's ill-will or malignity
towards the hospital. With the politics having become serpentine and callous,
the issues concerning the vicissitudes of the hospital have never been clear-cut.
(See the Broken Palmyrah' and subsequent reports of the UTHR(J).) From its heyday
in the early 80's when the medical profession in Jaffna counted a number of
persons of international standing and the future promised great things, the
hospital is today faced with many uncertainties. The current position is briefly
reviewed below.

Staff Position
Only the department of medicine that counts three specialists- Dr (Mrs) Ganeshamoorthy,
Dr (Mrs) Nagendra and Dr.Anandaraja - could be said to be stable. A few departments
having consultants/specialists, but where the position remains shaky are: Ophthalmology
(Dr.Kugasthasan,) ENT (Dr.Sivasubrarmaniam), Obstetrics (Dr. Karunakaran, supported
by the Resident Obstetrician, Dr.Gunaratnam) & Pathology (Dr.(Miss) Sinnappah).
There is an anaesthetist (Dr (Mrs) Theivendran), but there had been no surgeon
since the return of refugees in April 1996 until the arrival of the MSF surgeon
on 1st April 1997.Some positions with no consultant/specialist are : Paediatrician,
Neurologist, Neuro - Surgeon, OPD (for the past six years) & Surgeon.

The hospital is very short of junior level doctors, among whom are Senior House
Officers (SHOs). These persons are normally recruited a year after passing out
as doctors. But in Jaffna an SHO now means something much more. A number of
them have served six years in that position without going elsewhere to further
themselves in the profession as was normally the case. Many felt obliged to
delay their departure as there was no one to relieve them. Though lacking avenues
to attend conferences, seminars and in general discuss their work in broader
fora, the work during the war years was such that they had acquired valuable
experience and skills - sometimes even performing surgical operations.

Some of the staff positions as at present are : Medicine - 2 out of 4 SHO positions
filled; Obstetrics - 2 out of 3; Surgery- nil out of 3; Paediatrics - nil. Out
of 26 vacancies for interns, only 5 are filled.
Labourers - no apparent shortage after 70 were recruited recently by advertisement.
Nurses- short by 120 out of a total of about 300 positions. Despite the dire
shortage, 24 hours coverage is provided through voluntary arrangements among
doctors.

Some reasons for the shortage:
The isolation of Jaffna and the lack of senior persons from whom skills can
be acquired or guidance sought, has made JTH unattractive for the young wanting
to move ahead. The natural first step should therefore be to attract senior
persons, and to address the question why those fairly well settled in Jaffna
life have left. There are also reasons besides the more obvious ones related
to the war with no end in sight. Those remaining do so for a mixture of reasons-
eg. professional or moral dedication, a strong bond with the place and its people,
facing a rare challenge - and in sum, service and life in Jaffna offers them
a satisfaction they could not get elsewhere.

What recent events, particularly the `95 exodus had done, was to virtually
wipe off the modest capital several of them had for an emergency as land and
property, thus putting them under much pressure. It has been pointed out that
the money that is available to redress this shortage could perhaps be used far
more effectively. USAID spends an estimated Rs.6 lakhs (US$ 10 000) a month
to provide 3 MSF personnel who are much needed. If a similar sum from well-wishers
is used to provide incentives for a few years to local doctors who would work
in Jaffna, the results, it is averred, would be more effective and permanent.
The health ministry too, it is said, would do well to address an anomaly that
obliges returning senior expatriate doctors to work on contract at the lowest
point of the consultant's scale, with no allowances. [Top]

Medical Supplies to Jaffna
Requests for supplies have to be endorsed by the Ministry of Health and then
processed by the Ministry of Defence. When Jaffna was under LTTE control, the
first was routine while the latter (MoD) made cuts in the list before passing
it. From April 1996 the MoD has made no cuts except for disallowing Ketamine,
an anaesthetic that could be used in the field.

All gifts to Jaffna Hospital need MoD approval, and this is now routinely granted.
NGOs (e.g. ICRC&MSF) are now not allowed to take their own supplies of medicine
to Jaffna. The MSF for example has to get its medicines from JTH. Previously,
under LTTE control, the NGOs used to supplement what JTH received in short-
supply. A hospital spokesman said that the NGOs still had the option of donating
the medicines to JTH in Colombo, which would then be approved by the MoD, transported
to Jaffna and then be available from JTH.

Up to the end of last year, the JTH however had problems with supplies. The
Commissioner General of Essential Services, who is said to have been unsympathetic
and has since been replaced, had insisted that medical supplies to Jaffna should
go in normal cargo vessels and not in the ICRC ship that did weekly trips to
Jaffna. This had resulted in long delays (e.g. 25 days form Colombo to JTH)
and up to 30% loss by pilferage. Matters came to a crisis during Deepavali (November)
1996, when merchants used their influence to push the ship with medicines out
of KKS harbour and unload instead vessels with festive goodies and aerated waters.
The resulting shortage of medicines led to protests and the question of transport
by the ICRC was taken up again. The minister of health is regarded both sympathetic
and co-operative. [Top]

Buildings and infrastructure
Sections of some buildings (e.g. surgical ward) were badly damaged. The three
storey maternity block that faces Victoria Road and the Army HQ (i.e.Subash
Hotel ) is not used since the Army has cited security reasons and forbidden
its use. This has been a sore point which the hospitals authorities have raised
with the Army again and again. The Army too has changed its mind several times
on the matter. Maternity patients now use the very inadequate ground floor of
an incomplete building with no proper labour room. Bed space is so short that
patients are sent to the floor 3 hours after delivery.( It used to be 24 hours
during 1995.) Patients not wanting to risk having labour pains during curfew
hours have also contributed to the congestion.

The Army HQ being closeby has also resulted in a constant intrusion of security
personnel into the hospital premises. The wall at the corner of Victoria Road
and Power House Road has been broken and a sentry point has been sited there,
making the staff anxious about moving to and from the nearby Intensive Care
Unit during the night.

The general health of the
population:
An indicator of present conditions is the significant rise in infant mortality.
In times before the war the quality of life index for Jaffna District was among
the highest. Both the birth rate and infant mortality were below the national
average. Today infant mortality is about 30% higher than the national average
of around 33 per 1,000. Asked if the present disabilities faced by Jaffna Hospital
have had a significant adverse effect on the population, resulting in a higher
death rate, a senior doctor at the hospital replied that there would have been
an adverse effect, but at the same time it would be difficult to quantify. The
answer he said is more complicated. To begin with, he said, those who come to
the hospital are already a select group who are more knowledgeable than others.
The very poor often do not come at all. Much more important, he said, is the
breakdown of paramedical services and pre-natal care, particularly in the more
rural areas. He also confirmed that the effect of the Vanni returnees has been
to boost the adverse statistics significantly.

As for the more critical cases, he said, their transfer to Colombo is today
more streamlined because of the ICRC ship going every week. Giving an example
of a very critical case, he cited the case of a girl with a sub arachnoid bleed
who needed brain surgery. She had come to Jaffna hospital on a Monday in mid
May. On Tuesday she was flown to Colombo by an airforce plane. The catch here,
he said, was that her family had to pay for her air transport and for those
who accompanied her (Rupees 3,200/= per person). This is something that cannot
be afforded by those who are poor. But he felt that it may be possible to transfer
the expense away from the patient if the matter is taken up for discussion. [Top]

Post-mortem examinations
From what we have been able to find out, neither the Army nor any other section
of the security forces has applied any form of pressure on JTH as regards post-mortem
examinations. The shortcomings in these examinations, the senior doctor said,
have more to do with the lack of experience, exposure and specialised training
on the part of the doctors performing these examinations. Normally such persons
should have regular opportunity to discuss their work at conferences and also
have had specialised training abroad. These are among the handicaps faced by
young doctors in Jaffna. Some of the cases covered in our reports are instructive.

In our Special Report No 7, of August 1996, we recorded the case of the university
entrant who was tortured at the Kalviankaadu army camp, was admitted to Jaffna
Hospital when he started having fits and later died. The boy had an enlarged
kidney and high blood pressure, a condition deemed unconnected with torture.
The post-mortem examination also revealed a blood clot in the brain, almost
certainly connected with indiscriminate assault. The doctor was clear in his
mind that torture had been the cause of death. The hospital reported the matter
to the HQI, KKS Police. The HQI took the matter seriously and placed 12 soldiers
under arrest. The army captain at the camp approached a doctor concerned and
wanted to know the cause of death. He wanted to protect his men and kept arguing
that the enlarged kidney was the cause of death. The doctor refused to discuss
the matter further. But he was clear that no intimidation was involved. A judicial
officer visited Jaffna and the doctor agreed to testify in court at Anuradhapura.
As is too often the case in such situations, nothing more was heard. The senior
doctor added that even today, if the hospital authorities reported any finding
of foul play to the police, the normal investigation and arrest would take place.
But whether things would go beyond that is yet to be demonstrated.

In the same report (Sp. Rp 7) we reported abuses at Kaladdy army camp. During
the same period the body of a youth was sent to JTH by the army who claimed
that he had died in a shooting incident. On the surface this seemed acceptable.
But later one doctor noticed that there was an entry wound, but no exit wound.
He became suspicious, as when he returned to Jaffna in April last year, he found
a knife left behind by a soldier who had been in the house. It was of the kind
that was driven into a person and then given a twist. He got a technician to
x-ray the corpse and found that there was no bullet found in the body. He concluded
that the youth had died from stabbing. But it is not known whether he this recorded
his conclusion. Often working in an environment where there is no seriousness
about taking action, doctors doing post-mortem examinations tend to become despondent
over the seeming futility of their work. Now for two cases dealt with in the
present report .

We referred to doubts concerning the cause of death of 9 civilians in connection
with Ponnalai mine explosion of 29th January 1997. The Army had claimed that
the mine explosion rather than firing by the soldiers had been the cause of
death. The senior doctor who spoke to us said that there was no finding to contradict
the army's version. There were no bullets found in any of the bodies. But, he
added that this was corroboratory as regards the Army's claim, but not confirmatory.
He said that one normally does not find bullets in the body as they generally
pass through leaving an entry wound and an exit wound. In the Ponnali incident
no foreign particles were found in the bodies. Apart from objects hitting the
body in an explosion, death could also occur, he said, due to tissue damage
from the air hammer effect, leaving no external injury. He said that given the
fact that the Army's integrity in such matters is not rated high, one needs
to be more careful.

If after shooting a person, the Army subjects the body to a bomb explosion,
it would be difficult to determine the cause of death, unless the doctor concerned
was an expert who could distinguish between a bullet injury and an injury from
a particle shot out by an exploding mine also leaving entry and exit wounds.
It would, he said, have taken the calibre of someone like the late Professor.Saravanabavananthan
to make the distinction. He added that in the case of Ponnalai incident, local
opinion from the Moolai area seemed to suggest that the army's version was correct.
The doctor was then asked about the Puttur mine incident where the post-mortem
report seemed to have concluded that the 16 year old boy had died from the mine
explosion, whereas in fact, he was seen alive following the explosion. "This
may be a case in the point I made," he replied, "There was no intention
in the part of the doctors to give a false report. If the body had several injuries
of the kind described, death due to the mine explosion would have seemed a natural
conclusion. But these injuries could have been faked. The Jaffna Medical Association
is very concerned about maintaining a high standard of professionalism in post-mortem
examinations as is possible under present conditions," he concluded. [Top]